[Congressional Record Volume 167, Number 13 (Friday, January 22, 2021)]
[Senate]
[Pages S95-S96]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       BUSINESS BEFORE THE SENATE

  Mr. SCHUMER. Now, I have spoken about the Senate's agenda for the 
next several weeks. We have three essential items on our plate: one, 
the confirmation of President Biden's Cabinet and other key officials; 
two, legislation to provide desperately needed COVID relief; three, a 
second impeachment trial of Donald Trump. The Senate must and will do 
all three--COVID relief, confirmation of nominees, and an impeachment 
trial.
  Now, the first order of business is to fulfill our constitutional 
duty to advise and consent on the President's appointments to his 
Cabinet. This morning the Senate will vote to confirm President Biden's 
nominee for Secretary of Defense, Lloyd Austin. Mr. Austin will be the 
first African American to ever helm the Defense Department in its 
history--a powerful symbol of the diversity and history of America's 
Armed Forces.
  Mr. Austin has a storied career in the Army, but those days are 
behind him. As Secretary of Defense, he has promised to empower and 
lift up his civilian staff, and I believe he will be an outstanding 
Secretary of Defense for everyone at the Pentagon--servicemembers and 
civilian employees alike.
  The Secretary of Defense, of course, has a hugely important task 
ahead of him. He must once again demonstrate

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to the world that the U.S. military will always support our friends, 
deter our adversaries, and, if necessary, defeat them.
  Lloyd Austin is the right person for the job. He has the experience, 
the vision, and the competence to run the largest agency in our 
government. I look forward to confirming his nomination shortly.
  Afterward, the Senate must continue to install President Biden's team 
by confirming Secretaries of State, Homeland Security, and Treasury. We 
need Republican cooperation to confirm these nominees, but we expect 
that cooperation to continue. The continuity of our national security, 
military, and intelligence policy, as well as our ability to 
effectively respond to the current health and economic crises, depend 
on having these Cabinet officials confirmed.
  Now, as I mentioned, the Senate will also conduct a second 
impeachment trial for Donald Trump. I have been speaking to the 
Republican leader about the timing and duration of the trial, but--make 
no mistake--a trial will be held in the U.S. Senate, and there will be 
a vote on whether to convict the President.
  I have spoken to Speaker Pelosi, who informed me that the article 
will be delivered to the Senate on Monday.
  Now, I have heard some of my Republican colleagues argue that this 
trial would be unconstitutional because Donald Trump is no longer in 
office--an argument that has been roundly repudiated, debunked by 
hundreds of constitutional scholars--left, right, and center--and 
defies basic common sense. It makes no sense whatsoever that a 
President or any official could commit a heinous crime against our 
country and then be permitted to resign so as to avoid accountability 
and a vote to disbar them from future office. It makes no sense.
  Regardless, the purveyors of this unusual argument are trying to 
delay the inevitable. The fact is, the House will deliver the Article 
of Impeachment to the Senate. The Senate will conduct a trial of the 
impeachment of Donald Trump. It will be a full trial. It will be a fair 
trial. But make no mistake, there will be a trial, and when that trial 
ends, Senators will have to decide if they believe Donald John Trump 
incited the insurrection against the United States.
  Now, over the course of elections in November and January, the 
American people chose to retire four Republican Senators and elect a 
Democratic majority to this Senate. The Senate must now take the basic 
step of passing an organizing resolution and setting up the rules for a 
Senate where there are 50 Members of either party.
  Luckily, we have a clear precedent for what to do in this situation. 
In 2001, then-Majority Leader Lott and Minority Leader Daschle came 
together and agreed on a set of rules to govern a 50-50 Senate. We 
should follow that precedent.
  We have offered to abide by the same agreement the last time there 
was a 50-50 Senate. What is fair is fair. That is precedent. We could 
organize the Senate today if both sides agreed to abide by the same 
rules as last time.
  The Republican leader, however, has made an extraneous demand that 
would place additional constraints on the majority--constraints that 
have never been in place before. In fact, his proposal would remove a 
tool that the Republican leader himself used twice in just the last 
Congress to accelerate the confirmation of Republican nominees.
  Leader McConnell's proposal is unacceptable, and it won't be 
accepted. And the Republican leader knew that when he first proposed 
it.
  Only 2 days ago, we celebrated the inauguration of a new President 
and the turning over of a new leaf. The American people want us to work 
together and move past the meaningless political fights and gridlock 
that have plagued us for too long.
  It is time to get to work. A first step is for the Republican caucus 
to agree to follow the same precedent that governed the Senate the last 
time around.
  I yield the floor.

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